‘Does Tort Law Empower?’

Ori J Herstein, How Tort Law Empowers, 64 University of Toronto Law Journal (2014) (forthcoming), available at SSRN. Ori Herstein’s How Tort Law Empowers takes on the question of whether and how tort law empowers victims. Herstein presents himself as a friendly critic of civil recourse theory, and offers an amendment that he claims makes the theory both more plausible and less interesting. Like many friendly amendments, it is an offer that must be carefully examined before it is accepted. Herstein begins by noting that one of the most important and interesting contributions by civil recourse theory is the idea that tort law empowers tort victims … (more)

[Anthony Sebok, JOTWELL, 19 December]

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